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POH-2012-00129

Published June 3, 2013
Expiration date: 7/3/2013

Interested parties are hereby notified that an application has been received for a Department of the Army (DA) permit for certain work in waters of the United States as described below and shown on the attached drawings.

APPLICANT:  City and County of Honolulu, Department of Design and Construction, 650 South King Street, 11th Floor, Honolulu, HI  96813

AGENT:  Mr. Taeyong Kim, Environmental Communications, Inc., 1188 Bishop Street, Suite 2210, Honolulu, HI  96813

LOCATION:   Various locations at West Loch Golf Course, 91-1126 Okupe Street, Ewa Beach, Oahu Isle, Hawaii.  TMK:  (1) 9-1-017: 060.  Coordinates:  19.91511 °N, 155.89100 °W.

WORK:  The applicant proposes to construct a new silt basin in uplands in the northwest corner of the golf course adjacent to the Number 6 green, requiring appurtenant inlet and outlet structures to connect and direct flow from and back to the Honouliuli Stream during storm events.  Two (2) separate portions of the stream would be lined with poured concrete and grouted boulder riprap from the top of the stream banks down to the bed to protect areas within the stream from erosion and scour around the new inlet and outlet.

The proposed new inlet structure would be constructed by artificially-lining an approximately 77-foot long by 8-foot wide portion the stream’s bed and banks with a poured concrete weir channel flanked between grouted riprap aprons.  Approximately 92.2 cubic yards (cy) of fill material consisting of riprap boulder, concrete, and different sized aggregate rock is required for the new inlet structure.  A short distance downstream, the proposed new outlet structure would be constructed by artificially lining an approximately 120-foot long by average 50-foot wide portion of the stream with only grouted riprap boulders.  Approximately 101.1 cy of riprap boulders is required for the new outlet.  A total estimate of 0.05 acres of waters of the U.S. would be permanently lost for both the inlet [66 square feet (sf) (0.0175 acre)] and outlet [1,260 sf (0.0289 acre)] structures combined. 

The applicant also proposes to replace four (4) existing 10-inch pipe culverts with three (3) 12-foot high by 7-foot wide by 12-foot long precast concrete culverts located at Number 3 fairway stream crossing.  The proposed work at this location would re-route the existing cart path approximately 40 feet downstream and would include dredging of the stream bed to remove accumulated sediments and grading of the stream banks to widen the stream to accommodate the new culverts.  The bed and banks both upstream and downstream of the new culverts would be lined in concrete to prevent gradual erosion areas directly abutting the new culverts culvert.  An estimated 284.1 cy of fill material consisting of concrete, different sized aggregate rock, and pre-cast concrete culverts is required for the new stream crossing, which would result in a permanent loss of 1,143.2 sf (0.0262 acre) of waters of the U.S.

Other maintenance work proposed at the Number 3 fairway includes replacing an existing drainage pipe with a new concrete inlet and outlet to stabilize eroded areas.  Perennial flow from an unnamed spring located southeast of the Number 3 green has caused gradual erosion of areas around the inlet and outlet ends of the drainage pipe, which requires stabilization.  The proposed inlet/outlet stabilization work would include grading and a discharge of an estimated 32.24 cy of fill material consisting of concrete and base course to cover approximately 562.2 sf (0.0129 acre) spring tributary. 

Project plans (Appendix A) are included with this notice.   

PURPOSE:  To improve and maintain the flood control capacity of the golf course, which protects adjacent residential communities and receiving harbor waters, and to upgrade and improve existing drainage structures to prevent further damage from flooding and erosion.

ADDITIONAL INFORMATION:  The West Loch Golf Course was created for public recreation and to protect low-lying residential subdivisions adjacent to Honouliuli Stream from flooding.  When the golf course was constructed, portions of the stream were widened to increase flow capacity; however, agricultural activities in upstream areas have contributed to sediment accumulation within the stream, causing higher than expected flooding and damage to the golf course.  The proposed drainage improvements are intended to improve and maintain existing drainageways and the flood control capacity of the golf course, respectively.

MITIGATION:    The applicant has stated alternative locations, reduced capacities, and construction designs, including a no-build alternative, were considered to avoid and minimize impacts to waters of the U.S..  The no-build, reduced capacity, and design options for reducing and eliminating stream linings were determined to not be practicable based on the applicant’s need to maintain the existing flood capacity of the stream and the existing drainage structures.  The applicant’s preferred upland and upstream location for the proposed silt basin and appurtenant structures avoids work activities in stream areas containing flow and aquatic resources.  Further, the applicant has also proposed to implement best management practices (BMPs), which includes installing silt fences and other temporary erosion controls to minimize turbidity in downstream waters, proper management and disposal of construction wastes (i.e., trash, hazardous, and sanitary), and temporary and permanent stabilization of stockpiles and disturbed areas, respectively, to minimize impacts to the aquatic environments.  Based on the above, the applicant has proposed that no compensatory mitigation is warranted because of the minor loss of waters of the U.S., and the anticipated water quality improvements to the aquatic environment as a result of the proposed project.

WATER QUALITY CERTIFICATION:  The proposed action would result in a discharge of fill material into a water of the U.S. and would require authorization from the Corps under Section 404 of the Clean Water Act of 1972 (33 U.S.C. 1344) (CWA).  Under Section 401 of the CWA, the Corps may not issue a permit for the described work until the applicant obtains a certification, or a waiver of certification, from the State of Hawaii, Department of Health, Clean Water Branch. 

COASTAL ZONE MANAGEMENT ACT CERTIFICATION:  The proposed action will affect land or water uses in the Coastal Zone.  Under Section 307(c)(3) of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1456(c)(3)) (CZMA), the Corps may not issue a permit for the described work until the applicant obtains a CZM Consistency Concurrence from the State of Hawaii, Department of Business, Economic Development, and Tourism, Office of Planning, CZM Program.

PUBLIC HEARING:  Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application.  Requests for public hearings shall state, clearly and concisely, the reasons and rationale for holding a public hearing.

CULTURAL RESOURCES:  The latest published versions of the National and State Registers of Historic Places (NRHP and SRHP, respectively) have been consulted for the presence or absence of historic properties, including those listed in or eligible for inclusion in the NRHP.  The City’s West Loch Golf Course is bounded within tax map key (TMK) (1) 9-1-017: 060, which is in the vicinity of several parcels comprising Ewa Villages (site number 80-12-9786), a listed historic site on the SRHP.  Because the historic sites are determined to possibly be adjacent to the proposed project areas, a determination of effect will be made in consultation with the State Historic Preservation Officer (SHPO).  This application is being coordinated with SHPO.  Any comments SHPO may have concerning presently unknown archeological or historic data that may be lost or destroyed by work under the requested permit will be considered in our final assessment of the described work.   

ENDANGERED SPECIES:  Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (ESA) requires federal agencies to consult with the National Marine Fisheries Service (NMFS) and/or U.S. Fish and Wildlife Service (USFWS) on any action that may affect a species listed (or proposed for listing) under the ESA as threatened or endangered or any designated critical habitat.  Concurrently with the issuance of this public notice, the USACE will evaluate the potential impacts to proposed and/or listed species and their designated critical habitat and provide consultation letters to the NMFS and/or USFWS, as required, with the USACE’s effects determination for the proposed project.

ESSENTIAL FISH HABITAT:  The proposed work is being evaluated for possible effects to Essential Fish Habitat (EFH) pursuant to Section 305(b) the Magnuson Stevens Fishery Conservation and Management Act of 1996 (16 U.S.C. 1855(b)) (MSFCMA) and associated federal regulations found at 50 CFR Part 600 Subpart K.  The Honolulu District area of responsibility includes areas of EFH as Fishery Management Plans.  We have reviewed the January 20, 1999, Western Pacific Fishery Management Council’s Environmental Assessment to locate EFH area as identified by the National Marine Fisheries Service (NMFS).  Concurrently with the issuance of this public notice, the
USACE will evaluate the potential impacts to EFH and provide a consultation letter to the NMFS, as
required, with the USACE’s effects determination for the proposed project. 

AUTHORITY:  This permit application will be reviewed under the following authorities:

()  Perform work in or affecting navigable waters of the United States – Section 10 of the Rivers and Harbors Act 1899 (33 U.S.C. 403).

(X)  Discharge dredged or fill material into waters of the United States – Section 404 of the Clean Water Act (33 U.S.C. 1344).  The Corps’ public interest review will consider the guidelines developed under Section 404(b)(1) of the CWA, which are promulgated at 40 CFR Part 230.

( )  Transport dredged material for the purpose of dumping it into ocean waters - Section 103 Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413).  The Corps’ public interest review will consider the criteria established under authority of Section 102(a) of the Marine Protection, Research and Sanctuaries Act of 1972, as amended (40 CFR Parts 220 to 229), as appropriate.

EVALUATION:  The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity on the public interest.  That decision will reflect the national concern for both protection and utilization of important resources.  The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments.  All factors which may be relevant to the proposal will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people.

The U.S. Army Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; and other interested parties in order to consider and evaluate the impacts of this activity.  Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for the work.  To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above.  Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act.  Comments are also used to determine the need for a public hearing and to determine the overall public interest of the activity.

COMMENT AND REVIEW PERIOD:  Conventional mail or e-mail comments on this public notice will be accepted and made part of the record and will be considered in determining whether it would be in the public interest to authorize this proposed work.  In order to be accepted, e-mail comments must originate from the author’s e-mail account and must include on the subject line of the e-mail message the permit applicant’s name and reference number as shown below.  All e-mail comments should be sent to joy.n.anamizu@usace.army.mil.  Conventional mail comments should be sent U.S. Army Corps of Engineers, Honolulu District, Building 230 (Attn: CEPOH-EC-R/J. Anamizu), Ft. Shafter, HI 96858-5440.  Both conventional mail and e-mail comments must include the permit applicant’s name and reference number, as shown below, and the commentor’s name, address, and phone number.  Both conventional mail or e-mail must reach this office, no later than the expiration date of this public notice to ensure consideration.  Please include the reference number: POH-2012-00129.

Comments on the described work, with the reference number, should reach this office no later than the expiration date of this Public Notice to become part of the record and be considered in the decision.  Please contact Ms. Joy Anamizu at (808) 835-4308 if further information is desired concerning this notice.  This public notice is issued by the Chief, Regulatory Branch.

 


Contact Information

Regulatory Office
Building 230
Fort Shafter, HI  96858-5440
(808) 835-4303
CEPOH-RO@usace.army.mil 

Guam Field Office
Apra Harbor Naval Complex
PSC 455 Box 188
FPO, AP 96540-1088  Guam
(671) 339-2108 
CEPOH-RO@usace.army.mil